Railroad Reports Volume 65

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... R. R. 1'77, 54 Am. & Eng. R. Cas., N. S., 177. Action by Julia L. Peters, Herman L. Peters' administratrix, against the Southern Pacific Company. From an order denying a new trial on judgment for plaintiff, defendant appeals. Affirmed. Frank McGowan and McGowan, Squire: 6' Westlake (William F. Herrin and P. F. Dunne, of counsel), for appellant. Williwm J. Herrin and C. H. Garou-He, for respondent. LORIGAN, j. Plaintiff, the surviving widow of Herman L. Peters, deceased, brought this action under the statute, as administratrix of his estate, to recover damages sustained by her and the two minor children of deceased through the death 05 the latter, alleged to have been occasioned through the negligerifie Oi defendant. Herman L. Peters was the engineer on a passenger train Oi defendant known as the Oregon Express which, on its route P355611 through the town of Suisun, in Solano county. Qn December 31, 1904, this train being late, and having the r1ghI_0l Way in P3$SiI1g through said town, ran into an open switch on tne main line of defendant, colliding with a construction train on a side track, with the result that the engine and a portion of the Passenger train were demolished and said engineer, PCW5 "1' stantly killed. The Comlllaint alleged that the accident resulting in the death of Peters was occasioned through the main line switch being leh OP" b. one Leo.. Sheridan, head brakeman on the constr"? tion train with which the passenger train collided, and as a ba515 Qf he!" Tight I0 recover it was alleged that at the time of the KCcident the said Sheridan was inexperienced as a brakeman, unfamiliar with switching. and incompetent to discharge fh@_d"' ties thereof assigned him' that...show more